Vagueness Doctrine

1,231 Florida cases classified under this topic, plus 996 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• 3299 N. Fed. Hwy., Inc. v. Bd. OF Cnty. Comm'rs OF Broward Cnty.
  646 So. 2d 215· Fla. 4th DCA· 1994-09-09 ·cited 43×
  Two nude dancing nightclubs and three dancers challenged Broward County's newly adopted Adult Entertainment Code by seeking a temporary injunction to prevent its enforcement. The Fourth District Court of Appeal affirmed the trial court's denial of the injunction, finding that app
• Garden v. Frier
  602 So. 2d 1273· Fla.· 1992-07-02 ·cited 43×·via Vagueness Of Statutes
  The Florida Supreme Court held that land surveyors are not "professionals" under Florida's professional malpractice statute of limitations because the state licensing requirements allow some future admittees to practice without a four-year college degree. The Court established a
• United States v. Concepcion Mena
  863 F.2d 1522· 11th Cir.· 1989-01-23 ·cited 43×
  The court affirmed the convictions and sentences, finding no reversible error in the denial of motions to dismiss, suppress, or compel production, nor in the sufficiency of evidence, jurisdictional findings, or comments made during closing arguments.
• United States v. DeROSA
  670 F.2d 889· 9th Cir.· 1982-03-04 ·cited 43×·via Vagueness Challenge To Statute
  The court held that the evidence was sufficient to sustain convictions for RICO and narcotics violations, and that the trial court did not err in denying severance motions or in its rulings on other claims.
• United States v. Lampley
  573 F.2d 783· 3d Cir.· 1978-02-10 ·cited 43×
  The court held that the appellant's convictions for repeated telephone calls, except for one count involving a different victim, were multiplicitous and should not stand.
• State v. Beasley
  317 So. 2d 750· Fla.· 1975-07-30 ·cited 43×
  Florida's Supreme Court upheld the riot statute (Fla. Stat. § 870.01(2)) as constitutional through restrictive construction, requiring that charging documents establish common law elements of riot and clear and present danger of imminent breach of peace. However, the Court affirm
• United States v. Pommerening
  500 F.2d 92· 10th Cir.· 1974-07-01 ·cited 43×
  The court held that the bribery statute was not unconstitutionally vague, the perjury convictions were valid, and evidence obtained without Miranda warnings was admissible in this context. However, the assessment of certain costs was remanded for an evidentiary hearing.
• United States v. Reeves
  752 F.2d 995· 5th Cir.· 1985-01-28 ·cited 42×·via Void For Vagueness Doctrine
• Gardner v. Johnson
  451 So. 2d 477· Fla.· 1984-05-31 ·cited 42×
  The Florida Supreme Court reviewed a statute prohibiting the exhibition of deformed animals. The Court found the statute constitutional, reversing lower court decisions that had declared it unconstitutional due to vagueness and infringement on the right to livelihood.
• State v. Hamilton
  388 So. 2d 561· Fla.· 1980-09-18 ·cited 42×·via Vagueness Of Statutes
  The Florida Supreme Court reversed a trial court's decision dismissing pollution charges against Harry Hamilton for violating Florida's Air and Water Pollution Control Act. The court held that the statute's prohibition on causing pollution that harms human health or aquatic life
• United States v. Farris
  624 F.2d 890· 9th Cir.· 1980-06-11 ·cited 42×
  The court held that conduct not punishable under state law cannot be considered a "violation of the law of the State" for purposes of 18 U.S.C. § 1955.
• Bell v. State
  369 So. 2d 932· Fla.· 1979-02-22 ·cited 42×·via Vagueness Challenge
  The court held that the appellants' convictions under the prostitution statute were valid and that their constitutional challenges lacked merit.
• United States v. Taxe
  540 F.2d 961· 9th Cir.· 1976-06-08 ·cited 42×
  The court held that the 1971 Sound Recording Amendment is constitutional and that the jury instructions and evidentiary rulings were largely proper, though the imposition of prosecution costs on one defendant was vacated.
• Tippett v. State OF Md.
  436 F.2d 1153· 4th Cir.· 1971-01-04 ·cited 42×
  The court affirmed the District Court's dismissal of petitions, holding that the Maryland Defective Delinquents Act, as applied, does not violate petitioners' constitutional rights.
• Soglin v. Kauffman
  418 F.2d 163· 7th Cir.· 1969-10-24 ·cited 42×
  The court held that the University of Wisconsin's disciplinary proceedings based on the vague doctrine of "misconduct" violate the First and Fourteenth Amendments.
• United States v. Kenner
  354 F.2d 780· 2d Cir.· 1965-12-15 ·cited 42×·via Vagueness Challenge To Statute
  The court held that the trial judge's modified Allen charge, while borderline coercive, was saved by disclaimers and willingness to accept any verdict, and that other claims of error lacked merit.
• United States v. Thomas
  932 F.2d 1085· 5th Cir.· 1991-05-23 ·cited 41×·via Constitutional Vagueness
  The court held that the Supreme Court's decision in Hughey v. United States does not limit a sentencing court's discretion to consider conduct outside the count of conviction under the Sentencing Guidelines, and that the statutory scheme differentiating penalties for cocaine base
• Fla. Businessmen FOR Free Enter. v. The City OF Hollywood
  673 F.2d 1213· 11th Cir.· 1982-04-23 ·cited 41×
  The court held that Florida's drug paraphernalia laws and Hollywood's ordinance are neither unconstitutionally vague nor overbroad, and dissolved all injunctions.
• Janusaitis v. Middlebury Volunteer Fire Dep't
  607 F.2d 17· 2d Cir.· 1979-09-19 ·cited 41×·via Vagueness
  The court held that the volunteer fire department's dismissal of a member constituted state action, but that the dismissal did not violate the member's First Amendment rights due to the need for harmonious relations within the department.
• State v. DeLEO
  356 So. 2d 306· Fla.· 1978-03-09 ·cited 41×
  The court held that Section 839.25(1)(c), Florida Statutes, is unconstitutional because it is susceptible to arbitrary application and violates due process guarantees.
• State OF Md. v. Env't Prot. Agency
  530 F.2d 215· 4th Cir.· 1975-09-19 ·cited 41×·via Vagueness Of Regulations
  The court held that the EPA's regulation requiring employers to submit mass transit incentive plans was impermissibly vague and lacked adequate notice, rendering it invalid. It also found that the EPA could not direct a state legislature to enact laws.
• Vashon Oland Lewis v. State
  751 So. 2d 106· Fla. 5th DCA· 1999-12-30 ·cited 40×·via Void For Vagueness Doctrine
  Vashon Lewis appeals his dual sentencing as both a habitual violent felony offender and a prison releasee reoffender for burglary of an occupied dwelling. The court held that Florida's Prison Releasee Reoffender Act authorizes only the greater of the two sentences, not both, and
• State v. Kahles
  644 So. 2d 512· Fla. 4th DCA· 1994-08-24 ·cited 40×·via Vagueness
  The court held that the trial court erred in finding Florida's Stalking Statute facially unconstitutional without first analyzing the defendant's conduct and whether the statute reached constitutionally protected conduct.
• In re Kelly v. Kelly
  841 F.2d 908· 9th Cir.· 1988-03-02 ·cited 40×
  The court held that debts secured by real property can be considered consumer debts and that a debtor's ability to repay debts is the primary factor in determining 'substantial abuse' under 11 U.S.C. § 707(b).
• Lindsey v. State
  453 So. 2d 485· Fla. 2d DCA· 1984-08-01 ·cited 40×·via Unconstitutional Vagueness
  Henry Lee Lindsey appeals his conviction on three counts of selling phenobarbital and one count of selling a substance in lieu of a controlled substance. The Second District affirmed his convictions but reversed his sentence, finding that the trial judge improperly departed from
• Waldron v. McATEE
  723 F.2d 1348· 7th Cir.· 1983-12-22 ·cited 40×·via Void For Vagueness Doctrine
  The court held that abstention is appropriate in this case to allow Indiana state courts to interpret the Indianapolis loitering ordinance, thereby potentially avoiding or altering the federal constitutional issue.
• United States v. Udofot
  711 F.2d 831· 8th Cir.· 1983-06-30 ·cited 40×·via Vagueness Challenge
  The court held that 18 U.S.C. § 922(e) is not a specific intent crime and that the trial court did not err in its jury instructions regarding the statute and the passenger exception. The court also affirmed the denial of the motion to suppress.
• Bowden v. State
  402 So. 2d 1173· Fla.· 1981-07-30 ·cited 40×
  The Florida Supreme Court upheld the constitutionality of Florida's RICO Act and obscenity statutes against appellants' facial constitutional challenges. The court rejected arguments that the RICO Act was vague, overbroad, imposed strict liability without intent, or infringed on
• The Casbah, Inc. v. Thone
  651 F.2d 551· 8th Cir.· 1981-06-08 ·cited 40×
  The court held that Nebraska Legislative Bill 991, prohibiting drug paraphernalia, is constitutional as written and construed, rejecting claims of vagueness, overbreadth, and violations of first and fourth amendment rights.
• United States v. Williams
  621 F.2d 123· 5th Cir.· 1980-07-07 ·cited 40×
  The court held that the definition of extortion under the Hobbs Act, specifically "under color of official right," does not render the statute unconstitutionally vague, even without proof of coercion.
• Genusa v. City OF Peoria
  619 F.2d 1203· 7th Cir.· 1980-04-25 ·cited 40×
  The court held that while zoning and licensing requirements for adult bookstores can be constitutional, certain specific provisions related to definitions, special inspections, investigations, and disclosure requirements are unconstitutional prior restraints or invasions of priva
• Brennan v. Occupational Safety & Health Review Comm'n & Santa Fe Trail Transp. Co.
  505 F.2d 869· 10th Cir.· 1974-10-23 ·cited 40×
  The court held that the regulation requiring a person trained in first aid to be available when no medical facility is in 'near proximity' was not impermissibly vague.
• State v. Lindsay
  284 So. 2d 377· Fla.· 1973-10-24 ·cited 40×·via Vagueness Of Statutes
  The Florida Supreme Court held that Florida Statutes Section 828.19, criminalizing contributing to the delinquency of a minor, is neither unconstitutionally vague nor overbroad. The Court reversed the trial court's dismissal of charges against Lindsay and remanded for further pro
• Yale Broad. Co. v. Fed. Commc'ns Comm'n & United States
  478 F.2d 594· D.C. Cir.· 1973-01-05 ·cited 40×
  The FCC's Notice and Order requiring broadcasters to know the content of their programming, particularly music dealing with drug use, does not unconstitutionally infringe on free speech, impose new duties requiring rulemaking, or is impermissibly vague.
• Walsingham v. State
  250 So. 2d 857· Fla.· 1971-07-12 ·cited 40×
  Appellants were convicted of conspiracy to commit abortion and appealed, contending the trial court erred in instructing the jury on the definition of abortion. The Florida Supreme Court reversed because the jury instruction failed to include the lawful exception to the abortion
• State v. Ashcraft
  378 So. 2d 284· Fla.· 1979-12-20 ·cited 39×
  The court held that the statutory language 'excitative drug' is sufficiently definite and not overbroad, reversing the dismissal order.
• United States v. Stoddart
  574 F.2d 1050· 10th Cir.· 1978-04-27 ·cited 39×
  The court held that the defendant's false statement to influence the bank's action on a check was covered by 18 U.S.C. § 1014, and that the statute was not unconstitutionally vague. However, the court remanded for a proper speedy trial analysis.
• United States v. Isobel Prince
  515 F.2d 564· 5th Cir.· 1975-07-03 ·cited 39×·via Vagueness Of Statutes
  The court held that a prosecutor's statement vouching for a witness's truthfulness, while dangerous, was cured by a jury instruction, and that the statute under which defendants were prosecuted was not unconstitutionally vague. The court also held that there was insufficient evid
• United States v. Brewster
  506 F.2d 62· D.C. Cir.· 1974-08-02 ·cited 39×·via Vagueness
  A conviction under the illegal gratuity statute (18 U.S.C. § 201(g)) can be sustained as a lesser included offense of bribery (18 U.S.C. § 201(c)(1)), but the trial judge's instructions failed to adequately distinguish between the offenses.
• United States v. Jeter
  775 F.2d 670· 6th Cir.· 1985-10-11 ·cited 38×
  The dissent argues that neither the federal theft statute nor the obstruction of justice statute should be interpreted to criminalize the misuse or misappropriation of secret grand jury testimony. Such conduct should be handled through civil and criminal contempt proceedings.
• Planned Parenthood OF Central AND Northern Arizona v. The State OF Ariz.
  718 F.2d 938· 9th Cir.· 1983-10-18 ·cited 38×
  The court held that while Arizona can refuse to fund abortion-related activities, the footnote was potentially unconstitutionally broad by withholding all state funds. The court also found the term 'counseling for abortion procedures' not unconstitutionally vague.
• United States v. Clemente Julio-Diaz
  678 F.2d 1031· 11th Cir.· 1982-06-17 ·cited 38×·via Vagueness Challenge To Statute
  The court held that the evidence was sufficient to establish the vessel was of United States registry and that the appellants' convictions for conspiracy and possession with intent to distribute marijuana were valid.
• McKENNEY v. State
  388 So. 2d 1232· Fla.· 1980-10-02 ·cited 38×
  Margaret McKenney appealed her conviction for assignation (prostitution-related offense) and habitual misdemeanor sentencing. The Florida Supreme Court upheld the constitutionality of the assignation statute against vagueness and overbreadth challenges, rejected her claim that a
• United States v. Wise
  550 F.2d 1180· 9th Cir.· 1977-03-28 ·cited 38×·via Vagueness Of Statutes
  The court held that 17 U.S.C. § 104 is constitutional and that most of the film distribution agreements were restricted licenses, not sales, thus constituting infringement. However, one conviction was reversed due to insufficient proof of absence of a first sale.
• A Quaker Action Grp. v. Rogers C. B. Morton
  516 F.2d 717· D.C. Cir.· 1975-01-24 ·cited 38×
  The court held that the definition of 'public gathering' is constitutionally valid, but disagreed with the majority's interpretation of its application, particularly regarding individual demonstrators and numerical limits.
• Abele v. Markle
  452 F.2d 1121· 2d Cir.· 1971-12-13 ·cited 38×
  The court held that non-pregnant women of child-bearing age lack standing to challenge the anti-abortion statutes, but physicians, nurses, and counselors do have standing. The district court erred in dismissing the case for lack of jurisdiction and should have convened a three-ju
• United States v. Lauchli
  371 F.2d 303· 7th Cir.· 1966-12-05 ·cited 38×·via Vagueness Of Statutes
  The court held that the defendant's convictions under the National Firearms Act and Federal Firearms Act were valid, and the entrapment defense was properly submitted to the jury.
• Carter v. State
  155 So. 2d 787· Fla.· 1963-07-03 ·cited 38×
  Theodore Carter, a chiropractor, was convicted of attempted abortion. The Florida Supreme Court affirmed his conviction, holding that the statutory term "unlawfully" in the abortion statute is sufficiently defined by reference to companion homicide statutes, and that the evidence
• United Bev. Co. OF S. Bend, Inc. v. Ind. Alcoholic Bev. Comm'n
  760 F.2d 155· 7th Cir.· 1985-04-22 ·cited 37×·via Void For Vagueness Doctrine
  There is no independent federal constitutional doctrine of excessive delegation of state legislative power, and state law claims should be dismissed for lack of federal jurisdiction when the federal claim is dismissed.
• United States v. Collier
  478 F.2d 268· 5th Cir.· 1973-05-01 ·cited 37×
  The court held that 21 U.S.C. § 841(a)(1) is not unconstitutionally vague as applied to physicians and does not violate the Tenth Amendment or the right to privacy.